不良研究所

On March 16, 2018, the Cr茅peau Centre organized an international and interdisciplinary conference where researchers explored issues relating to access to land, drawing from the disciplines of anthropology, criminology, gender studies, geography, law and urban studies. Land issues involve processes of accession, exclusion or control. These practices establish which individuals own different rights and how rights function. Beyond the legal framework of access to land, many normative orders might also come into conflict. The conference addressed first, how certain factors, such as gender and the marginalization of minority groups, influence access to land and, second, how access to land provides a new way of understanding these social issues. What tensions exist between rights holders and non-rights holders? How do these encounters and frictions inform, protect or limit access to land or territory? The conference attempted to answer these complex questions through a series of three panels.

In the first one, Professor Nicholas Blomley (Simon Fraser University), Professor B茅atrice Kan-Balivet (Universit茅 Jean Moulin Lyon 3) and Professor Bipasha Baruah (Western University) discussed accessin the context of land precarity. Professor Kirsten Anker (Universit茅 不良研究所), Professor Kerry Sloan (Universit茅 不良研究所) and Professor Soth Sang Bonn (Royal University of Law and Economics) then spoke on access to land and identity. Finally, the third panel raised issues of access to justice and territoriality, as explored by Professor Sabrina Doyon (Universit茅 Laval), Professor H茅l猫ne B茅langer (UQAM) and Professor Idil Atak (Ryerson University).

On May 1st, 2017, the Centre held a colloquim on the transsystemic approach and its future. The event sought to punctuate the reflection on the transsystemic approach, ongoing at the Faculty since the beginning of the B.C.L./LL.B. program. Many professors took the opportunity given by the colloquium to rethink transsystemic teaching in the context where jurisdictional boundaries seem to have lost their importance. The audience, formed by around seventy professors and practicionners, held the following speakers:

• Professor Pascal Ancel, Universit茅 du Luxembourg
• Professor Mark Antaki, 不良研究所
• The Honorable Jeffrey Edwards, Court of Quebec
• Professor Hadley Friedland, University of Alberta
• Professor Pascale Fournier, University of d'Ottawa
• Professor Richard Janda, 不良研究所
• Professor Rosalie Jukier, 不良研究所
• Professor Daniel Jutras, 不良研究所
• Professor Giorgio Resta, Roma Tre University
• Professor Shauna Van Praagh, 不良研究所
• Professor Fr茅d茅ric Z茅nati-Castaing, Universit茅 Jean Moulin Lyon 3

The Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law hosted a colloquium celebrating the Centre's 40th anniversary on Friday February 12, 2016 from 1pm to 5:30pm,听which was听followed by a cocktail reception at 不良研究所鈥檚 Faculty of Law.听

The event brought together the following speakers from each faculty of Quebec civil law on the theme of 鈥�The Responsibility of Doctrine鈥�:

• Aurore Benadiba, Universit茅 Laval: Une responsabilit茅 r茅flexive de la doctrine
• 脡lise Charpentier, Universit茅 de Montr茅al: De la n茅cessaire impunit茅 de la doctrine
• Vincent Forray, 不良研究所: La responsabilit茅 du fait politique de la doctrine
• S茅bastien Grammond, University of Ottawa: La doctrine, une obligation ?
• Derek McKee, Universit茅 de Sherbrooke: The Positivization of a Corrective Justice Approach to Tort Law
• Anne Saris, UQAM: Les doctrinaires en prise avec le droit vivant听: quelles responsabilit茅s ?

Program and abstacts are available here:听 programme et titres

For this occasion, we launched听a scientific poster competition open to law students of the six Quebec civil law faculties. The terms of the contest are indicated in the attached document: concours

By virtue of their duty to advise, notaries must be able to give the best information to parties in the context of a given transaction; the professional responsibilities to inform and to provide impartial advice naturally weigh heavy. The recent case of Ostiguy c. Allie (2017 CSC 22), in opposing the presumption of the existence of rights registered in the registers to the acquisitive prescription, illustrates the tensions likely to emerge between the notarial duty to inform and notaries鈥� quests for truth. Some recent practices also testify to the fact that notaries increasingly take on the role of the guarantor of truth, a burden not required of other professionals. While we like to reiterate and teach, rightly so, that notaries are not judges and cannot decide litigious disputes or questions of law, why do we ask of them to be guarantors of truth, as if they are judges rendering a decision? Is it because notaries and judges alike produce authentic documents (article 2814 C.C.Q.)? Is it due to the notary鈥檚 role as public officer and the impartiality required therein? This also raises issues regarding the exercise of the notarial function today. In highlighting the issue of truth in the context of notarial law, the author intends to open up a wider discussion of the difficulties associated with the search from truth for legal professionals at large.

This conference was organized in collaboration with la Chaire du notariat de l'Universit茅 de Montr茅al and the听Groupe de recherche en droit priv茅 de l鈥橴niversit茅 du Qu茅bec 脿 Montr茅al.

On February 13, 2017, the Cr茅peau Centre organized, in collaboration with the Chaire du notariat de l鈥橴niversit茅 de Montr茅al, a panel entitled 鈥淧erspectives sur le droit de la famille contemporain鈥�.

It was the occasion to discuss our Family Law, its situation and evolution, in an appropriate context considering the recent report of the Comit茅 consultatif sur le droit de la famille.

Participants

• Mtre Brigitte Binette, lawyer and family mediator, Binette Carignan, avocats
• The Honourable Eva Petras, Superior Court of Qu茅bec
• Mtre R茅gine Tremblay, lawyer and J.S.D. candidate (University of Toronto)
• Mtre Maryse Messier, notary and mediator

Moderator
Mtre Audr茅e Sirois, notary and research associate, Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law

The panel was followed by the launch of two new publications : Dictionnaire de droit priv茅 et lexiques bilingues 鈥� Les familles / Private Law Dictionary and Bilingual Lexicons 鈥� Family and Robert Leckey (dir.), Marital Rights (Routledge, 2017).

11:00-12:30, Stephen Scott Seminar Room (room 16), Chancellor Day Hall

On November 18, 2016, the Cr茅peau Centre organized a conference entitled 鈥溍塩hanges sur le droit des biens japonais鈥�.

Naoya Katayama, Dean of Keio University Law School, Professor Naoki Kanayama (Keio University Law School), and Professor Hidenari Kou (Kanazawa University) discussed the notions of 鈥渢hing鈥� and 鈥減roperty鈥�, the notion of possession, and the question of administration of property and its legal regime under Japanese law.

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Tuesday, March 8听2016, 5:00pm-6:30pm

Faculty of Law, 不良研究所 (Maxwell-Cohen Moot Court, room 100)

In collaboration with the Notarial Chair of the University of Montreal and the Student Animal Legal Defense Fund of 不良研究所, The Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law held a panel听entitled Things, Rights and Animals: La situation juridique de l鈥檃nimal au Qu茅bec.

Following the adoption last December of Bill 54 on the reform of the legal status of the animal, it seemed imperative to evaluate the true scope of the change in听status of animals and its impact on the internal coherence of the Civil Code.

This event brought together three panelists: (UQAM), Alexandra Popovici (Cr茅peau Centre)and Lionel Smith (不良研究所), with Daniel Weinstock听(不良研究所) as moderator. There was time for discussion with the audience.听

The event was followed by a reception in the Atrium.

The event was accredited for mandatory continuing education from the Chambre des notaires and the Barreau du Qu茅bec.

June 24-26, 2015

Faculty of Law, 不良研究所

The World Society of Mixed Jurisdiction Jurists held听a Fourth Worldwide Congress at 不良研究所 (Montreal, Canada) for听an opening evening reception and lecture from听June 24, 2015 to June 26, 2015.

The theme of the Congress was听鈥淭he Scholar, Teacher, Judge and Jurist in a Mixed Jurisdiction.鈥�

See the programme here:听 WSMJJ 4th Worldwide Congress Programme

Mixed Jurisdictions, as they are traditionally understood, stand at the crossroads of the Common law and Civil law. They also frequently encompass other ethnic and religious laws. Rich in legal history and complex pluralism, they are often seen as natural laboratories of comparative law.

The laws, methods, and institutions of mixed jurisdictions are inevitably affected by the influence and presence of different traditions vying for supremacy or requiring reconciliation. Their added complexity places special demands upon the training of judges and jurists, the staffing of courts, the teaching of private law, the research of scholars, and the task of law reform. To what extent have these challenges been met by the actors and institutions of mixed jurisdictions? We propose to investigate these issues.

The conference was听organized by the World Society of Mixed Jurisdiction Jurists, 不良研究所's Faculty of Law, and the Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law. This event was听a Borden Ladner Gervais Conference in Private and Comparative Law.

On 28-29 September 2012, the Cr茅peau Centre for Private and Comparative Law and the Faculty of Law hosted an international conference entitled Stateless Law? The Future of the Discipline

This proved an exciting intellectual event, and was a precious opportunity to reflect on issues of fundamental importance to all of us. You can in Focus online's October 2012 edition, and see the , which have since been published.听See the programme here:听 Stateless Law_EN

The Quebec Research Centre of Private and Comparative Law (now known as the Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law) hosted a conference entitled The Worlds of the Trust/La fiducie dans tous ses 脡tats, from the 23rd to the 25th of September 2010, at 不良研究所's Faculty of Law.

Until recently, the trust was often described as foreign to the logic of the law of property in the civilian tradition. This assertion is increasingly untenable, as the profile of the trust in legal systems听with a civilian law of property continues to develop and expand. The conference sought to explore the multiple ways in which civilian and mixed legal systems have embraced the trust, with the goal of allowing jurists from different jurisdictions to better understand their different approaches to this increasingly important legal institution.

This conference aimed to be a new point of departure in the comparative study of trust law. Twenty papers were presented which examine issues relating to the nature and operation of trusts in civilian and mixed legal systems. Commentary on the papers was provided by commentators with expertise in the common law trust. The conference proceedings will soon be published

View the full program: Program - The Worlds of the Trust [pdf].

The Centre has recently published to commemorate the conference.

Conference speakers included:

Fran莽ois Barri猫re, Universit茅 Paris-II (Panth茅on-Assas); Alexandra Braun, Oxford University; Fran莽ois du Toit, University of the Western Cape, Republic of South Africa; Thomas Gallanis, University of Iowa;	George Gretton, University of Edinburgh; Lusina Ho, University of Hong Kong; M. le juge Nicholas Kasirer, Quebec Court of Appeal; Paul Matthews, King's College London.
Commentators included:
Gregory Alexander, Cornell Law School; Aline Grenon, University of Ottawa; John Langbein, Yale Law School; Ben McFarlane, Oxford University;	Tina Piper, 不良研究所; Lionel Smith, 不良研究所; Donovan Waters, University of Victoria (Emeritus).

The Centre acknowledges with gratitude the financial support that it received from the American College of Trust and Estate Counsel Foundation, from Quebec鈥檚 Minist猫re du D茅veloppement 茅conomique, de l鈥橧nnovation et de l鈥橢xportation, and from the Social Sciences and Humanities Research Council of Canada.

The Quebec Research Centre of Private and Comparative Law (now known as the Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law) was pleased to present three Intellectual Property and Private Law seminars entitled the "Myths and Metaphors". For more information please visit the website. See the programme here:听 Myths and Metaphors

The Centre held a workshop entitled 鈥淭erminology and Property Models in the 21st Century鈥�, over the 21st and 22nd of September, 2006. The concept of Property was explored from jurilinguistic and comparative perspectives.

The main objective of the workshop was to raise and examine terminological and linguistic questions pertaining to the idea of property in the 21st century. It was part of an on-going collaboration with the Centre National de Recherche Scientifique (C.N.R.S.-C.E.C.O.J.I., Paris).

The workshop also sought to stimulate reflection on the future of Canadian private law as it continues to develop in a bilingual and bijuridical setting, within its larger global context.

Download the Conference Programme

The paper produced from this workshop will appear in a special issue of the Revue g茅n茅rale du droit close to the end of 2008.

Programme: Cross-examining Private Law [pdf]
22-23 September, 2005

2005 marked the thirtieth anniversary of the founding of the Quebec Research Centre of Private and Comparative Law (now known as the Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law). On this occasion, the Centre held a conference on the topic with which it established its reputation: private law.

Teams pairing a Centre researcher with an invited senior scholar scrutinized one of the chosen topics: extra-patrimonial rights, patrimonies by appropriation, intimate relationships, rights in the property of others, and private international law.

The decision to organize research along teams bringing together two different generations of jurists was in keeping with the spirit of openness and collegiality that pemeates the Centre. This dialogical methodology not only provided a great setting for reflection upon private law, but it also enabled researchers to employ diverse analytical practices.

The emergence of a university community with multiple intellectual orientations is one of the most valuable achievements of the past thirty years. This new scholarship, if we may call it that, did not appear out of nowhere, as a break from past generations. On the contrary, while a distinct occurrence in its own right, it stems from a movement impelled by these senior legal scholars. It thus stands alongside reforms and recodifications of private law, as well as the harmonizing links forged between private law and federal law.

In his keynote address, Christian Atias, from Aix-en-Provence, closed the conference in reflection upon civilian scholarship and its evolution over the course of the past thirty years. Paul-Andr茅 Cr茅peau, emeritus professor and founder of the Centre, also participated and shared his thoughts on the legislative definition of contract (art. 1378 par. 1 C.C.Q.). Nicholas Kasirer spoke about the terminology pertaining to the civilian notion of delict.

The Centre has recently published a book flowing from the conference, entitled Thirtieth Anniversary Conference 1975-2005 Cross-Examining Private Law / Colloque du Trentenaire 1975-2005 Regards crois茅s sur le droit priv茅 (Cowansville: Les 脡ditions Yvon Blais Inc., 2008) to commemorate the conference.